Lawmakers yesterday amended the Code of Criminal Procedure (刑事訴訟法) to provide a legal basis for travel restrictions, which were previously enforced on the basis of rules governing limitation of the residence of a person of interest.
The amendment added a chapter titled “restrictions on departures,” which cover departures of a defendant by air or by sea.
The code lacked clear regulations on travel restrictions, which in practice had been imposed as a limitation of the residence of a defendant, said Democratic Progressive Party Legislator Chou Chun-mi (周春米), a sponsor of the amendment.
Photo: Chien Jung-fong, Taipei Times
However, the concept of a limitation of residence does not necessarily justify the judiciary depriving a defendant of their “freedom to change residence,” which is granted by the Constitution, she said.
The amendment is meant to differentiate between limitation of residence and travel restrictions, she added.
With the exception of crimes whose severest punishment is a fine or detention, a prosecutor or a judge may place departure restrictions on a defendant who does not have a fixed residence or lodging, or who is likely to flee the country; conceal, tamper with or destroy evidence; or conspire with others to give false testimonies, the amendment says.
A travel restriction must not last longer than eight months, but may be extended for up to two times, with the first extension no longer than four months and the second no longer than two, it says.
The combined duration of travel restrictions imposed on a defendant whose alleged crime is punishable by a prison term of up to 10 years must not exceed five years, whereas the overall duration for those who have been accused of committing other crimes must not exceed 10 years, it says.
For defendants granted a deferred sentence, parole, non-prosecution or an acquittal, the departure restrictions will no longer apply, but new restrictions can be put in place if the case is subject to an appeal, it says.
A defendant or their attorney may apply to a prosecutor or judge to have a travel restriction revoked or changed, but if a case is being reviewed, the right to change or revoke a travel ban resides with the presiding judge, it says.
The aforementioned rules also apply to people who are on parole, subject to limitation of residence, or are under investigation, but not detained, it says.
A defendant may file an interlocutory appeal against a travel restriction, it says.
Legislators approved another amendment to the code that would grant defendants the right to view, transcribe or photograph court documents and evidence presented against them after gaining the consent of a court.
However, a court may turn down a defendant’s request to exercise the aforementioned right if it believes it would affect the adjudication of another case; would not help with their legal defense in a court; or if the documents or evidence requested are irrelevant to the crimes of which they are accused, the amendment stipulates.
A defendant may appeal a court decision that denies them access to court documents or evidence, it says.
LOUD AND PROUD Taiwan might have taken a drubbing against Australia and Japan, but you might not know it from the enthusiasm and numbers of the fans Taiwan might not be expected to win the World Baseball Classic (WBC) but their fans are making their presence felt in Tokyo, with tens of thousands decked out in the team’s blue, blowing horns and singing songs. Taiwanese fans have packed out the Tokyo Dome for all three of their games so far and even threatened to drown out home team supporters when their team played Japan on Friday. They blew trumpets, chanted for their favorite players and had their own cheerleading squad who dance on a stage during the game. The team struggled to match that exuberance on the field, with
Whether Japan would help defend Taiwan in case of a cross-strait conflict would depend on the US and the extent to which Japan would be allowed to act under the US-Japan Security Treaty, former Japanese minister of defense Satoshi Morimoto said. As China has not given up on the idea of invading Taiwan by force, to what extent Japan could support US military action would hinge on Washington’s intention and its negotiation with Tokyo, Morimoto said in an interview with the Liberty Times (sister paper of the Taipei Times) yesterday. There has to be sufficient mutual recognition of how Japan could provide
UPDATED TEST: The new rules aim to assess drivers’ awareness of risky behaviors and how they respond under certain circumstances, the Highway Bureau said Driver’s license applicants who fail to yield to pedestrians at intersections or to check blind spots, or omit pointing-and-calling procedures would fail the driving test, the Highway Bureau said yesterday. The change is set to be implemented at the end of the month, and is part of the bureau’s reform of the driving portion of the test, which has been criticized for failing to assess whether drivers can operate vehicles safely. Sedan drivers would be tested regarding yielding to pedestrians and turning their heads to check blind spots, while drivers of large vehicles would be tested on their familiarity with pointing-and-calling
A Taiwanese man apologized on Friday after saying in a social media post that he worked with Australia to provide scouting reports on Taiwan’s team, enabling Australia’s victory in this year’s World Baseball Classic (WBC), saying it was a joke and that he did not hold any position with foreign teams or Taiwan’s sports training center. Chen Po-hao (陳柏豪) drew the rage of many Taiwan baseball fans when he posted online on Thursday night, claiming credit for Australia’s 3-0 win over Taiwan in the opening game for Pool C, saying he worked as a physical therapist with the national team and
RSS